Slur: The N-Word

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In Love v. Premier Util. Servs., LLC, No. 15-CV-5698(ADS)(ARL), 2017 WL 2418268 (E.D.N.Y. June 3, 2017), the court granted plaintiff leave to file an amended complaint to add a claim of a racially hostile work environment. Judge Spatt wrote: Accepting the allegations in the [proposed amended complaint] as true, Dunham is alleged to have witnessed one…

Read More Racially Hostile Work Environment Plausibly Alleged; Allegations Included the Use of the “N-Word”
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In Daniel v. T & M Protection Resources, LLC, No. 15-560-CV, 2017 WL 1476598 (2d Cir. Apr. 25, 2017) (Summary Order), the court vacated the district court’s summary judgment in favor of plaintiff on plaintiff’s hostile work environment claim. (The court issued its ruling one week after it heard oral argument in the case.) While it…

Read More Second Circuit Reinstates Gay Black Man’s Hostile Work Environment Claims
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On April 18, 2017, the Second Circuit heard oral argument in the case of Daniel v. T&M Protection Resources LLC (Case No. 15-560). At issue is whether a single, offensive comment (here, the n-word) is sufficient to overcome summary judgment on plaintiff’s hostile work environment claim. The EEOC argued (as Amicus Curiae in support of pro…

Read More 2d Circuit Hears Oral Argument as to Whether the Single Use of the “N-Word” by a Supervisor is Sufficient to Overcome Summary Judgment on Plaintiff’s Hostile Work Environment Claim
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In Laboy v. Office Equip. & Supply Corp., No. 15-cv-3321, 2016 WL 5462976 (S.D.N.Y. Sept. 29, 2016), a race discrimination and unpaid wages lawsuit, the court entered judgment in plaintiff’s favor following defendants’ default. The facts, in sum/part, taken from plaintiff’s complaint: [Defendants Michael] Prince and [Steven] Maglio referred to Laboy and other dark skinned…

Read More Court Awards Damages, Including $25,000 for Emotional Distress, in N-Word Race Discrimination Case Upon Defendants’ Default
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In Gomez v. Cablevision Sys., 2016 NY Slip Op 31177(U) (N.Y. Sup. Ct. June 20, 2016), the court held that plaintiff presented enough evidence to survive summary judgment on his race-based hostile work environment under the NYC Human Rights Law (but not under the NYS Human Rights Law). This case is another example of the…

Read More Race-Based Hostile Work Environment Claim Survives Under the New York City (But Not New York State) Human Rights Law
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In Love v. Premier Util. Servs., LLC, No. 15-cv-5698, 2016 WL 2853532, at (E.D.N.Y. May 13, 2016), the court denied defendants’ motion to dismiss plaintiff’s claims of race discrimination (wrongful termination) and racially hostile work environment claims. Race Discrimination As to plaintiff’s race discrimination claim, Eastern District Judge Spatt ruled: [T]he complaint in this case clearly…

Read More Allegations Including “N” Word Use and Racist Confederate Flag-Flying Supervisor Sufficient to Plausibly Allege Race Discrimination and Hostile Work Environment Claims
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In Alex v. Gen. Elec. Co., No. 12-cv-1021, 2016 WL 1057042 (N.D.N.Y. Mar. 14, 2016), the court dismissed plaintiff’s race-based hostile work environment claim. From the decision: Plaintiff’s deposition testimony that one or more unidentified co-workers told Plaintiff that Defendant Lanoue had referred to Plaintiff as “N—–” (behind her back) is inadmissible. Specifically, the alleged statements…

Read More Court Dismisses Race Discrimination/Hostile Work Environment Claim; “N-Word” Evidence Was Inadmissible Hearsay
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In Turner v. Manhattan Bowery Mgmt. Corp., 49 Misc. 3d 1220(A) (N.Y. Sup. Ct. 2015), the court held that plaintiff (an African American maintenance worker) presented sufficient evidence to overcome summary judgment on his race discrimination, hostile work environment, and retaliation claims. As to his hostile work environment claim, the court held: [P]laintiff presented sufficient…

Read More Plaintiff Overcomes Summary Judgment on Race Discrimination, Hostile Work Environment, and Retaliation Claims
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In McCall v. Genpak, LLC, No. 13-CV-1947 KMK, 2015 WL 5730352 (S.D.N.Y. Sept. 30, 2015), the court denied defendants’ summary judgment motion on plaintiff’s race discrimination and hostile work environment claims. Race Discrimination Based on “Adverse Action” Plaintiff alleged that he was subjected to two adverse employment actions – demotion and termination – because of…

Read More Plaintiff Survives Summary Judgment on Race Discrimination, Hostile Work Environment, and Retaliation Claims
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Here is the recently-filed lawsuit, captioned Kieara Gaskin and Tenia Stuckey v. BK Venture Group LTD d/b/a Jaguars 3 and Starlets NYC, 15-cv-04190 (EDNY filed July 16, 2015), in which the plaintiffs allege that they were not paid properly under federal and state wage laws, and subjected to discrimination and a hostile work environment based…

Read More Entertainers’ FLSA, Race/Sex Hostile Work Environment Lawsuit Against Strip Club
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